USA Title 14 CFR Part 107 Waivers (Post your approved/rejected)

[William Gaddy]

Finally received my night flight waiver (filed 9/2/16). Good for 4 years, same location. They asked for additional info. last week. I know many want to see the application but since the online waiver site does not supply a copy, can't post that. I have added what I offered for night vision training and apparently it met their approval. This is something I put together very fast in order not to delay the process any further. The exam is offered for anyone who wishes to use it. (no guarantees are promised or implied.) Use at your own risk.

Response to additional information request:


For a waiver from section 107.29 – Daylight Operations:

• Applicant must provide a method to assure all required persons participating in the sUA operation have knowledge to recognize and overcome visual illusions caused by darkness, and understand physiological conditions which may degrade night vision. This means, what is your method of “Training” to ensure that individuals will have knowledge concerning the topics listed above.

To avoid posing a risk to persons on the ground at night time, Martinez Aerial will only operate the DJI Inspire 1 Pro in a controlled and limited footprint with controlled access and barriers/protection for nonparticipating persons. The operating area will be illuminated so that the operator and VO can see any persons on the ground. As the operator, Luis Martinez is an FAA certificated Commercial pilot and Remote pilot, well aware of night flying conditions. The VO will be thoroughly briefed on:

1. Chapter 17, Aeromedical Factors of the Pilot’s Handbook of Aeronautical knowledge, pages 17-22 through 17-29.
2. VO must review FAA Night Vision video, available at FAA TV: Vision in Aviation
3. All PICs and V0s must successfully complete (90%) attached exam.

• Applicant must provide a method to increase conspicuity of the sUA to be seen at a distance of 3 statute miles unless a system is in place that can avoid all non-participating aircraft. Although your application states that you intend to operate in a confined area, for the issuance of a waiver of 107.29, you must provide a method to increase conspicuity of the sUA to be seen at a distance of 3 statute miles. The reason for this clarification is that the issuance of a wavier will not be for a onetime event at one specific location, rather the waiver will be issued for a period of time and for events that are located at various locations.

The sUAS will be operating below 200 feet above ground level (“AGL”), lower than the minimum altitude for other airspace users, with a 300 foot buffer. The ability of manned aircraft to “see-and-avoid” sUAS will rarely be required if the manned aircraft is appropriately flying above the required 500 feet AGL. Martinez Aerial’s night time sUAS – the DJI Inspire 1 Pro – is equipped and will operate with high intensity strobe lights, visible for over 3 nautical miles. In addition, airspace users will have knowledge of Martinez Aerial’s night time operations and limited operating footprint through Martinez Aerial’s submitted NOTAM.

If you want a blanket waiver (not for a specific location/time)... Better have your nighttime-friendly FOM handy, if not in the original filing...

Thanks for the info though!

Cheers

 

[licensed pilot]

If you want a blanket waiver (not for a specific location/time)... Better have your nighttime-friendly FOM handy, if not in the original filing...

Thanks for the info though!

Cheers

'If you want a blanket waiver (not for a specific location/time)" The feds are issuing blanket night waivers? Didn't know that.

 

[HFI]

If you want a blanket waiver (not for a specific location/time)... Better have your nighttime-friendly FOM handy, if not in the original filing...

Thanks for the info though!

Cheers

Include a "Flight Operations Manual (FOM)"? I'm pretty sure that the FAA doesn't want to read your entire FOM. They only care about the information relevant to the waiver request.

I also would't think that the waiver needs to be for a specific location does it? It doesn't specify in the current COA approvals posted online that the operations are restricted to a specific location. The waiver is for extending your current operation within Class G airspace into the night hours.

 

[HFI]

Response to additional information request:

Thank you very much for sharing that.

 

[William Gaddy]

'If you want a blanket waiver (not for a specific location/time)" The feds are issuing blanket night waivers? Didn't know that.

Well I'm going to find out

 

[Talon Six]

I got the canned airspace rejection email today for a flight I requested back on 24 September for a 10 October flight in Class D airspace - only a week in advance I know, but I wanted to see how the system worked. Didn't hear anything back until this morning. Interestingly, the rejection email wasn't addressed to me, but rather "[email protected]"....somehow it landed in my inbox.

At any rate, I've since submitted three more airspace requests for 30, 60 and 90 days in advance for the same location in Class D airspace. It'll be interesting to see how this all shakes out.

As has been pointed out previously, there is no way that this process is agile enough for business.

 

[licensed pilot]

I got the canned airspace rejection email today for a flight I requested back on 24 September for a 10 October flight in Class D airspace - only a week in advance I know, but I wanted to see how the system worked. Didn't hear anything back until this morning. Interestingly, the rejection email wasn't addressed to me, but rather "[email protected]"....somehow it landed in my inbox.

At any rate, I've since submitted three more airspace requests for 30, 60 and 90 days in advance for the same location in Class D airspace. It'll be interesting to see how this all shakes out.

As has been pointed out previously, there is no way that this process is agile enough for business.

Yeah, the current system is a joke for any real estate jobs. I simply gave up on jobs in controlled airspace. I just tell the client no. Can you share how close you were to the airport and if the site was on any runway approach/departure paths or instrument approaches?

 

[Talon Six]

2NM northeast of the airfield at 200 AGL.

 

[licensed pilot]

2NM northeast of the airfield at 200 AGL.

Thank you. I can definitely see their concern. A drone at 200 feet 2 miles away could cause an air disaster of the Hindenburg magnitude.(insert heavy sarcasm here)

 

[HFI]

One of the reasons you might find many people reluctant to post their submission is it usually includes a complete copy of their company Flight Operations Manual, which can contain information usable by competitors...

Cheers

Consider that the FAA is a government agency subject to the Freedom of Information Act (FOIA). FOIA requests for specific waivers will have to be honored. When Sec 333 and COAs were filed, the complete package was made available to the public. I imagine to head off a large number of FOIA requests, the FAA may do the same for the Part 107 waivers. So keep this in mind when filing for a waiver.

 

[Jason1234]

Consider that the FAA is a government agency subject to the Freedom of Information Act (FOIA). FOIA requests for specific waivers will have to be honored. When Sec 333 and COAs were filed, the complete package was made available to the public. I imagine to head off a large number of FOIA requests, the FAA may do the same for the Part 107 waivers. So keep this in mind when filing for a waiver.

I have considered submitting FOIA requests for airport sector maps. Their excuse for not releasing them is that they are always subject to change. How do we submit a winning AGL request if we don't know their standards? This is totally unworkable.

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[HFI]

I have considered submitting FOIA requests for airport sector maps. Their excuse for not releasing them is that they are always subject to change. How do we submit a winning AGL request if we don't know their standards? This is totally unworkable.

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Hi Jason....I've been an air traffic controller and worked in airspace design for a long time. I honestly don't know what you are referring to (airport sector maps) unless it is the Facility Maps that the FAA is using to identify areas in which sUAS may fly. If that is the case, they are called UAS Facility Maps (UASFM) and that's what your FOIA request should ask for but be sure to ask for a specific facility. If that's not what you are looking for, what is it that you are trying to figure out?

 

[Jason1234]

Hi Jason....I've been an air traffic controller and worked in airspace design for a long time. I honestly don't know what you are referring to (airport sector maps) unless it is the Facility Maps that the FAA is using to identify areas in which sUAS may fly. If that is the case, they are called UAS Facility Maps (UASFM) and that's what your FOIA request should ask for but be sure to ask for a specific facility. If that's not what you are looking for, what is it that you are trying to figure out?

That's what I'm talking about. In the early stages of this process the blocks of airspace were referred to as sectors by the FAA in their memorandum to airport personnel. Thanks for providing the official name.

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[Jason1234]

That's what I'm talking about. In the early stages of this process the blocks of airspace were referred to as sectors by the FAA in their memorandum to airport personnel. Thanks for providing the official name.

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How hard would it be for the FAA to provide the most recent UASFM on their website for each location? I can't imagine they will change that often. It could be done for reference purposes only to assist airmen in submitting airspace waivers and authorizations that are more likely to succeed. After all, it takes less time for the FAA to approve a request than to reject one (or at least it should). Win-win.

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[Talon Six]

How hard would it be for the FAA to provide the most recent UASFM on their website for each location? I can't imagine they will change that often. It could be done for reference purposes only to assist airmen in submitting airspace waivers and authorizations that are more likely to succeed. After all, it takes less time for the FAA to approve a request than to reject one (or at least it should). Win-win.

Hopefully common sense prevails and they get to doing this at some point. Sure would make things easier. Other things I'd like to see from the FAA request website:

• Separate page for airspace authorization requests
• Email receipt of submitted airspace authorization acknowledgment
• Option to submit flight location in decimal degrees

 

[HFI]

Hopefully common sense prevails and they get to doing this at some point. Sure would make things easier. Other things I'd like to see from the FAA request website:

• Separate page for airspace authorization requests
• Email receipt of submitted airspace authorization acknowledgment
• Option to submit flight location in decimal degrees

I'n mot sure how many FAA staff are looking at the waiver requests, but it's probably not enough and they are likely to be overwhelmed. I agree that giving the submitter more information would help to ensure success. Coincidentally, look at this recent statement from the FAA addressing the quality and completeness of waiver submissions. Notice that there is also a schedule which means you shouldn't submit an airspace request for Class B before 5 December.

 

[Talon Six]

I'n mot sure how many FAA staff are looking at the waiver requests, but it's probably not enough and they are likely to be overwhelmed. I agree that giving the submitter more information would help to ensure success. Coincidentally, look at this recent statement from the FAA addressing the quality and completeness of waiver submissions. Notice that there is also a schedule which means you shouldn't submit an airspace request for Class B before 5 December.

So given the required (and I'll go so far as to say arbitrary) 90 day lead time for even class D requests, the FAA apparently has no intention of approving any flights to take place in that airspace until 01 Jan 17 - 90 days from 03 Oct 16. Sneaky.

 

[licensed pilot]

So given the required (and I'll go so far as to say arbitrary) 90 day lead time for even class D requests, the FAA apparently has no intention of approving any flights to take place in that airspace until 01 Jan 17 - 90 days from 03 Oct 16. Sneaky.

I won't even try any more. Am turning jobs down in controlled airspace (this year alone I must have lost close to $2K in potential revenue), realtors want their images yesterday. I'm not applying for any airspace waivers until the feds get their heads out of their butts. What the hell is so hard about looking at a waiver for a flight 200 feet high and 4 miles away from an airport and approving it? I hold a commercial pilot certificate and am not buying their ******** about how difficult this process is. You draw a 5 mile radius on a chart, plot approach/departure, traffic patterns, IFR plates, helipads (I contacted the chief pilot at my local hospital and he provided me with the paths they follow for approaches and departures), local public safety helipads, any special events (i.e. football games, air shows). Once you get a waiver it takes 2 minutes to plot it and determine any potential conflicts and you are done. Given the bureaucracy involved it should take no more than a week to approve a class D operation.What am I missing?

 

[William Gaddy]

They seem to be pretty skippy about performance-based waivers, such as 107.29 (night flying). I see those turned around in about 3 weeks. Haven't tried a Class D/E waiver yet, though -- e.g. 107.41. None of those are showing up at Part 107 Waivers Granted ... that should tell you something.

Cheers

 

[AerialZ]

From what I've heard from trusted sources, the FAA is denying ALL airspace authorization requests within 2 NM of D & E airports. Apparently they will consider other requests outside of that radius, but I know of no one yet that has received approval on an airspace authorization. I've submitted one on short-notice at 3 MI from my local Class E-SFC to see what kind of turn-around to expect, even if denied. I can understand denying blanket airspace auths, but seriously... operating at < 200' AGL at 3 miles out from Class E?!

This process proverbially SUCKS, even if it is supposedly working towards something much better. We can only just imagine how many are just going and doing jobs in controlled airspaces because the FAA has once again set unrealistic processes and expectations that inhibit commerce and business growth (what the foundation of the 107 was all about.) What they're really doing is inhibiting safety.